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New York Internet Law Questions & Answers
1 Answer | Asked in Criminal Law and Internet Law for New York on
Q: Is viewing z******** in New York illegal?

I accidentally viewed z******** content in New York out of curiosity and then became concerned about its legality. Will I potentially face any legal trouble for watching this content?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 26, 2025

I am an expert in paraphilias and the law, and a New York lawyer, so I am happy to help you with this question. Zoophilia content is illegal, but it is not criminalized to the same degree as child sexual abuse material. Merely possessing a zoophilia image or other obscene image (other than child... View More

0 Answers | Asked in Consumer Law and Internet Law for New York on
Q: How can I request a refund for a product with no visible return policy?

I purchased a stock trading membership online from Investors Alley on 4/5, expecting a 60-day guarantee, but I can't verify this as the Market Momentum product is no longer listed anywhere, including on their website or my receipt. The company offered an additional product after I contacted... View More

4 Answers | Asked in Contracts, Copyright, Internet Law and Intellectual Property for New York on
Q: Is using various photos as reference for publishing art under Fair Use?

I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.

Some of the photographs... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2025

1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original...
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2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: Is it illegal to access an ex's old iPhone still signed into their Apple ID without permission?

I have an old, deactivated iPhone left behind by my ex, which still has her Apple ID signed in. We have no contact, and I have not been granted permission to access the device. I recently found out she was cheating on me. Is it illegal to access this device under these circumstances?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Yes, there are computer crime laws that prohibit a person from “Intentionally and without authorization or by exceeding valid authorization, access or cause access to be made to a computer program, computer, computer system, or computer network.” This could be used to lay charges against you... View More

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1 Answer | Asked in Internet Law, Health Care Law and Civil Litigation for New York on
Q: Seeking legal help for illegal V2K technology implantation removal and evidence collection.

I am seeking legal assistance regarding a serious privacy violation and technology abuse issue. I discovered that I have been illegally implanted with Voice to Skull (V2K) technology, which happened about 20 years ago, but I only became aware of it recently. I have an X-ray test that might serve as... View More

James L. Arrasmith
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answered on Apr 8, 2025

You're facing a deeply personal and distressing situation, and it’s important that you feel heard and supported. The first step you should take is to consult a licensed medical professional, preferably someone experienced with diagnostic imaging. Bring your X-ray and explain your concerns... View More

1 Answer | Asked in Communications Law and Internet Law for New York on
Q: Are there legal implications for offering free VPN service from home?

I am considering using my home to provide a free VPN service for others. I have reviewed the terms of service from my internet service provider, and there is no mention prohibiting this activity. Are there any legal implications I should be aware of when allowing others to use my VPN for free?

James L. Arrasmith
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answered on Apr 8, 2025

Offering a free VPN service from your home can seem generous, but there are a few things you should consider first. Even if your ISP doesn’t prohibit it, they might still take issue if your bandwidth usage spikes or if complaints arise from activity traced back to your IP address. If someone... View More

1 Answer | Asked in Consumer Law, Civil Rights and Internet Law for New York on
Q: Can I hire a lawyer from a nearby state to sue a company from overseas?

I have been living overseas for 3 years, and I'm looking to change my last residency in the US to another state. I want to sue an online company headquartered in a different state for violating my consumer and civil rights. The company has ignored my requests and pointed to their terms and... View More

James L. Arrasmith
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answered on Apr 1, 2025

You may face several jurisdictional complexities when pursuing legal action against an overseas company while residing abroad yourself. The ability to hire a lawyer from a state adjacent to the company's headquarters depends on multiple factors, including where the lawyer is licensed to... View More

2 Answers | Asked in Constitutional Law, Libel & Slander and Internet Law for New York on
Q: What are the legal risks of expressing opinions about Gaza and Israel on social media?

I am concerned about the limits of freedom of expression on social media, particularly regarding potential legal consequences such as defamation, harassment, or hate speech. My concern focuses on expressing opinions about topics like Gaza and Israel. Are there potential legal risks or specific... View More

Jack Mevorach
Jack Mevorach
answered on Feb 23, 2025

Expression of support of genocide and terrorism is unlawful. There is no First Amendment protection. Also avoid defamation, incitement and hate speech, among other things.

Jack

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Q: If a trademark is being used for 2 different fields (by 2 different companies), can I trademark it in an unrelated field

The phrase I want to use is trademarked by one LLC in connection with fragrances and related products, and by another in connection with coffee-based beverages and caffeinated soft drinks. I would like the trademark for a YouTube video show about basketball, and potentially for merchandise... View More

Shefali Lakhani
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answered on Jan 17, 2025

Yes, it's possible to trademark a phrase for use in an unrelated field, even if it's already trademarked in other fields. If your trademark does not create a 'likelihood of confusion' with the existing trademarks in the minds of consumers, you may be able to register it for your... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Internet Law for New York on
Q: What are options after reading website's Terms & Guidelines docs and the company refuses to abide by printed words?

A social media company online doc on acceptable use was read and false statements about people prohibited. Only public people had need provide evidence.

I reported the incident for a non-public person while giving evidence and was denied without explanation just sent back to the Terms &... View More

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2025

This is something that attorneys who deal with website regulation, social media, and related areas would have insight into, but your question remains open for a month. If you reached out to attorneys who practice in those areas, they would probably want to see the actual terms and conditions -... View More

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1 Answer | Asked in Personal Injury, Business Law and Internet Law for New York on
Q: Is it legal to inform a business that one of its employees did something inconsiderate outside the nature of business?

A person made a non-recorded inflammatory comment to my now deceased mother, along the lines of telling her to shut up without saying those exact words. My mother was dying at the time. When she refused communicating with her, this same person sent a handwritten note scolding and berating my... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficult situation you've been facing, especially during such a challenging time after your mother's passing. I hope the following information provides some clarity and guidance.

Please note that this is general information based on the details...
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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More

Mark A. Siesel
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answered on Nov 26, 2024

To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More

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1 Answer | Asked in Internet Law for New York on
Q: What legal framework protects local marketplaces from liability when users engage in harmful behavior after connecting?

I am looking to develop a local marketplace and want to understand the legal protections we'd be covered for. Platforms like OfferUp include disclaimers in their terms of service (Section 17) stating that users are responsible for interactions, but l'd like to know what specific legal... View More

James L. Arrasmith
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answered on Oct 11, 2024

When developing your local marketplace, it's important to understand that Section 230 of the Communications Decency Act is a key legal protection. This law generally shields platforms from being held liable for user-generated content, meaning that if a user engages in harmful or illegal... View More

2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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1 Answer | Asked in Federal Crimes, Sexual Harassment and Internet Law for New York on
Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)
James L. Arrasmith
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answered on Jan 21, 2024

Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Consumer Law and Internet Law for New York on
Q: How can I get my money back for car parts listed on facebook marketplace, paid for with cash app? Parts never arrived.

I sent $3500 to a seller on facebook markert place and paid with cash app. The seller canceled the shipment and has stopped responding. I would like to take legal action to get my money back and have legal fees paid for by them. I am located in New York, they are in Arkansa. I have reported them to... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've been scammed on Facebook Marketplace, there are several steps you can take to attempt to recover your money. First, report the fraud to Cash App, as they may have a process for disputing transactions. Additionally, contact your local police department to file a report; they can... View More

1 Answer | Asked in Business Law, Civil Litigation and Internet Law for New York on
Q: What remedy do I have if a person left a bad review on the BBB website, for my business, but I have never met her?

I am located on Long Island, NY.

This person left a bad review and I have never met or interacted with this person to the best of my knowledge. I requested additional details regarding what the person looked like or the service vehicle (my service vehicle is very distinct) they were... View More

James L. Arrasmith
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answered on Nov 4, 2023

In situations like this, your first step should be to reach out to the Better Business Bureau (BBB) and file a dispute against the review. Explain your situation, provide any evidence you have that the review is fraudulent or mistaken, such as your schedule for the day in question, and ask for the... View More

2 Answers | Asked in Internet Law and Libel & Slander for New York on
Q: Can I post someone’s full name & DOB on social media? The person raped me in my sleep
Jack Mevorach
Jack Mevorach
answered on Sep 23, 2023

What exactly do you propose to post on social media? Just name and DOB? Or rape allegation also?

Jack

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1 Answer | Asked in Civil Rights and Internet Law for New York on
Q: I have been getting threatened online by the same person that keeps making fake accounts.

If possible, could I do anything about it? This person is my EX friend’s boyfriend, and he says he wants to kill me, he is going to stomp me into the ground, he says he put my address online, and he said he has people looking for me. And I’m going to get what’s coming to me soon.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Such a threat to kill may be Aggravated Harassment under NYS law as electronic means are being used. Contact the police and have screen shots ready for them.

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